(a)   Purpose. The purpose of the final site and building plan application process is to:

      (1)   Ensure that new buildings, building additions and site characteristics comply with city code requirements;

      (2)   Ensure that sufficient information is provided by the applicant to determine compliance with city code requirements;

      (3)   Establish decision making authority on new development commensurate with the potential for impacts on surrounding uses; and

      (4)   Ensure that approved development not yet constructed complies with city code requirements that may have changed since the project’s initial or most recent approval.

      (1)   Where final development plans have been approved (see § 21.501.03); and

      (2)   Single-family detached dwellings, accessory dwelling units, two-family dwellings, and their accessory buildings and site characteristics, including garages, do not require final site and building plan approval; and

      (1)   The Planning Manager will review and act upon the following types of final site and building plan applications, unless the Planning Manager determines the application should be heard by the Planning Commission due to potential environmental or land use impacts. In such cases, the notice and hearing procedures of subsection (c)(3) shall apply.

         (A)   Accessory buildings (except for single-family dwellings, accessory dwelling units, and two-family dwellings);

         (B)   Garages (except for single-family dwellings, accessory dwelling units, and two-family dwellings);

         (C)   Parking lots or other site characteristic modifications;

         (D)   New buildings or building additions that do not exceed 10,000 square feet; and

         (E)   Revisions to previously approved final site and building plans except those that involve:

            (i)   Building additions that exceed 25% of the existing floor area for the building or that exceed 20,000 square feet;

            (ii)   An increase of five or more dwelling units;

            (iii)   Deviations to city code requirements; or

            (iv)   Modifications to any condition of approval adopted by the Planning Commission or City Council. If a revision requires modification to a condition of approval previously adopted by the City Council, the revision must be reviewed by the City Council.

      (3)   The Planning Commission will review and act upon all other types of final site and building plan applications except as discussed in subsection (c)(3) below. The applicant or a member of the public may appeal the decision of the Planning Commission to the City Council by submitting an appeals request with supporting materials within three business days of the decision. If the Planning Commission action results in a tie vote, or if the approval or denial action is not consistent with the staff

recommendation, the final site and building plan application is automatically sent to the City Council for final action.

      (4)   The Planning Commission will review and make a recommendation and the City Council will review and act upon any final site and building plan applications related to an associated rezoning, Comprehensive Plan amendment, or other application that requires City Council action.

      (5)   The entity empowered to take action on a given final site and building plan application has the authority to attach conditions of approval to that application.

   (d)   Findings. The following findings must be made prior to approval of final site and building plans or revisions to final site and building plans:

      (1)   The proposed development is not in conflict with the Comprehensive Plan;

      (2)   The proposed development is not in conflict with any adopted district plan for the area;

      (3)   The proposed development is not in conflict with city code provisions or state law; and

      (4)   The proposed development will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

   (e)   Expiration. Final site and building plans expire two years after approval if no building permit (or other applicable permit if no building permit is required) is issued for the approved development within that timeframe. This expiration standard applies to all final site and building plans approved on or after December 1, 2009. For final site and building plans approved by the Planning Commission, the plans are deemed to be approved on the date that the appeal period ends. Prior to plan approval expiration, a land owner may apply to the Director of Community Development for no more than one time extension of up to one year. The Director of Community Development may issue the extension upon a finding that the applicant is making a good faith effort to make progress on the final site and building plan.

   (f)   Content. Final site and building plan applications must include the following information, unless exempted by the Planning Manager:

      (1)   An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative;

      (2)   The required application fee as set forth in City Code Appendix A;

      (3)   Written documentation that includes:

         (A)   A complete description of the project;

         (B)   Site and building information, including lot sizes, building sizes, floor area ratios and residential densities by lot and by site;

         (C)   Project phasing and construction scheduling;

         (D)   Hours of operation;

         (E)   A description of the covenants or agreements that may influence the use and maintenance of the proposed development;

         (F)   Anticipated employment;

         (G)   Storm water management plans and calculations that meet the requirements of city code Chapter 16 and the city comprehensive surface water management plan;

         (H)   Anticipated trip generation based on the most recent edition of the ITE Trip Generation Manual; and

         (I)   Anticipated peak hour and average day water demand and wastewater flow.

      (4)   Samples of proposed exterior materials;

      (5)   Plans, in a number of sets, sizes and formats specified by the Planning Manager, that include:

         (A)   A location map indicating property ownership surrounding the proposed development;

         (B)   Existing and proposed site features at a scale of one-to-50 or larger;

         (C)   Topography in two-foot contour intervals;

         (D)   Boundary lines of the site and each lot within the site with dimensions;

         (E)   Adjacent properties and structures;

         (F)   Existing adjacent and on-site streets, rights-of-way and easements;

         (G)   Required and proposed rights-of-way (including planned widened rights-of-way) and easements adjacent to and on site;

         (H)   Existing and proposed sidewalks, walkways and bikeways;

         (I)   Locations of buildings and structures with basement and first floor elevations, structural dimensions; and setbacks from property lines or, if applicable, planned widened rights-of-way;

         (J)   Freestanding sign locations with setback dimensions and separate drawings of each sign, with dimensions;

         (K)   Curbs, parking facilities, islands, snow storage areas, cart storage areas and driveways with dimensions;

         (L)   Location and detailed drawings of fences, walls and retaining walls;

         (M)   Location of the access point to interior refuse and recyclable collection areas;

         (N)   Location of any proposed outdoor smoking areas;

         (O)   Exterior air handling, electric, gas and similar types of equipment and meters;

         (P)   Water bodies including streams, lakes, ponds, marshes and wetlands;

         (Q)   Site circulation plan;

         (R)   Construction phasing and staging;

         (S)   Rooftop equipment and screening plans with elevation drawings of rooftop equipment and screening;

         (T)   Wetland information, if applicable (see city code Chapter 16);

         (U)   A lighting plan (see city code § 21.301.07);

         (V)   A preliminary landscaping plan (see city code § 21.301.15 and adopted landscape procedures);

         (W)   Building plans, including:

            (i)   Elevation drawings of all proposed buildings and structures indicating height to the highest point of the structure;

            (ii)   Dimensioned floor plans for all stories of proposed buildings with room usage and denoting the location of all gas, mechanical and electrical metering equipment;

            (iii)   Underground parking plans, if applicable, with dimensions;

            (iv)   Typical residential unit plans, if applicable, with dimensions and square footage;

            (v)   Residential storage areas, if applicable;

            (vi)   Building mounted sign details with dimensions;

            (vii)   Recyclable and trash storage locations;

            (viii)   Fire Department connections and communication panels; and

            (ix)   Building information, including:

               (aa)   Gross and net leasable square footage by use type of all existing and proposed structures on site;

               (bb)   Maximum occupancy levels of gathering spaces;

               (cc)   Elevation above mean sea level of all floors and the roof;

               (dd)   Dwelling unit sizes and bedroom mixes; and

               (ee)   Type of construction.

         (X)   Site information, including:

            (i)   Site and individual lot sizes;

            (ii)   Percent building coverage and percent impervious coverage;

            (iii)   Floor area ratio by lot and by site;

            (iv)   Dwelling unit density, if applicable, by lot and by site; and

            (v)   The number of handicapped and non-handicapped parking spaces required and provided.

         (Y)   Grading, drainage and erosion control plans that include:

            (i)   Existing contours at a minimum interval of two feet;

            (ii)   Proposed contours at a minimum interval of two feet;

            (iii)   Existing individual trees of 12-inch diameter or greater and/or tree masses as required;

            (iv)   Retaining wall locations, elevations of top and bottom of wall and construction details;

            (v)   Proposed berms for landscaping and screening;

            (vi)   Erosion control and temporary storm water management measures;

            (vii)   Permanent storm water management measures;

            (viii)   If requested, cross sections of existing and proposed grades including on adjacent properties; and

            (ix)   If requested, cut and fill plans showing the extent of earth movement in two-foot increments.

         (Z)   Utility plans that include:

            (i)   Existing and proposed water lines and facilities on and adjacent to the site with pipe type and sizes, fire hydrant locations and Fire Department connections;

            (ii)   Existing and proposed storm sewer lines and facilities on and adjacent to the site with pipe type and size, catch basin locations with top of casting and invert elevations, underground storm water management facilities and details and ponding areas and capacities;

            (iii)   Existing and proposed sanitary sewer lines and facilities on and adjacent to the site with pipe type and size, manhole locations with top of casting and invert elevations and lift station locations; and

            (iv)   Existing and proposed telephone, fiber, electric, natural gas, cable and other private utility services.

         (AA)   Sound source control plan, if applicable;

         (BB)   Certified existing conditions survey by a registered land surveyor;

         (CC)   Each plan sheet should include the date of plan preparation, the date of revisions, scale, north arrow and name of project; and

         (DD)   Any other needed information specified by the Planning Manager.

(Ord. 2009-34, passed 11-2-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2013-2, passed 2-25-2013; Ord. 2015-15, passed 5-18-2015; Ord. 2015-28, passed 11-2-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2021-7, passed 4-26-2021; Ord. 2021-26, passed 8-30-2021; Ord. 2022-22, passed 5-9-2022; Ord. 2022-74, passed 12-19-2022; Ord. 2023-45, passed 12-18-2023; Ord. 2024-24, passed 10-14-2024; Ord. 2024-39, passed 12-2-2024)

   (a)   Purpose. The purpose of the preliminary development plan application process is to:

      (1)   Establish a basic development plan with respect to density, intensity, building layout and access;

      (2)   Ensure that development on multiple lots or over multiple phases works together;

      (3)   Ensure that new development within the Planned Development Overlay District comply with city code requirements or receive necessary approvals for flexibility;

      (4)   Ensure that sufficient information is provided by the applicant to determine the extent of compliance with city code requirements and the public benefit related to proposed city code flexibility; and

      (5)   Ensure that approved development not yet constructed is consistent with current city code requirements.

   (b)   Where required. Preliminary development plans must be reviewed and approved concurrently with any application to rezone land to the Planned Development Overlay District.

   (c)   Review and approval. New preliminary development plans and revisions to previously approved preliminary development plans must be reviewed by the Planning Commission and acted upon by the City Council, which has the authority to attach conditions of approval.

   (d)   Findings. The following findings must be made prior to the approval of new preliminary development plans or revisions to previously approved preliminary development plans:

      (1)   The proposed development is not in conflict with the Comprehensive Plan;

      (2)   The proposed development is not in conflict with any adopted district plan for the area;

      (3)   The proposed development is not in conflict with state law and all deviations from city code requirements are in the public interest and within the parameters allowed under the Planned Development Overlay Zoning District or have previously received variance approval;

      (4)   Each phase of the proposed development is of sufficient size, composition and arrangement that its construction, marketing and operation is feasible as a complete unit without dependence upon any subsequent unit;

      (5)   The proposed development will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the planned development; and

      (6)   The proposed development will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

   (e)   Rescission. If a property owner has not obtained approval of an associated final development plan within three years after approval of the preliminary development plan, the City Council may, after required notice and public hearing, rescind the preliminary development plan and repeal the Planned Development Overlay Zoning District. This rescission standard applies to all preliminary development plans approved on or after December 1, 2009.

   (f)   Content. Preliminary development plan applications must include the following information, unless exempted by the Planning Manager:

      (1)   An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative of the parcel on which development is proposed. For planned developments, the application form must be signed by or otherwise authorized electronically or in writing by property owners or authorized representatives of parcels within the planned development that:

         (A)   Will be physically changed by proposed construction activity, unless the change is allowed under an existing easement or agreement; or

         (B)   Will lose an access point that the parcel uses.

      (2)   The required application fee as set forth in City Code Appendix A;

      (3)   Written documentation that includes:

         (A)   A complete description of the project;

         (B)   To the extent code deviations are requested, a flexibility request that identifies all proposed code deviations, the level of deviation and the reasons why the deviations are in the public interest;

         (C)   Site and building information, including lot sizes, building sizes and floor area ratios by lot and by site;

         (D)   Project phasing and construction scheduling;

         (E)   A description of the covenants or agreements that may influence the use and maintenance of the proposed development;

         (F)   Anticipated employment;

         (G)   Preliminary storm water management narrative describing the methods intended to be used to meet the requirements of city code Chapter 16 and the city comprehensive surface water management plan;

         (H)   Anticipated trip generation based on the most recent edition of the ITE Trip Generation Manual; and

         (I)   Anticipated peak hour and average day water demand and wastewater flow.

      (4)   Plans, in a number of sets and in a format specified by the Planning Manager, that include:

         (A)   A location map indicating property ownership surrounding the proposed development;

         (B)   Existing and proposed site features at a scale of one-to-50 or larger;

         (C)   Topography in two-foot contours;

         (D)   Boundary lines of the site and each lot within the site with dimensions;

         (E)   Adjacent properties and structures;

         (F)   Existing adjacent and on-site streets, rights-of-way and easements;

         (G)   Required and proposed rights-of-way (including planned widened rights-of-way) and easements adjacent to and on site;

         (H)   Existing and proposed sidewalks, walkways and bikeways;

         (I)   Locations of buildings and structures, structural dimensions; and setbacks from property lines or, if applicable, planned widened rights-of-way;

         (J)   Curbs, parking facilities, islands and driveways with dimensions;

         (K)   Water bodies including streams, lakes, ponds, marshes and wetlands;

         (L)   Site circulation plan;

         (M)   Construction phasing and staging;

         (N)   Wetland information, if applicable (see city code Chapter 16);

         (O)   Building plans, including:

            (i)   Elevation drawings of all proposed buildings and structures indicating height from the lowest proposed abutting ground elevation to the highest point on the structure; and

            (ii)   Building information, including:

               (aa)   Gross square footage by use type of all existing and proposed structures on site;

               (bb)   Dwelling unit sizes and bedroom mixes; and

               (cc)   Type of construction.

         (P)   Site information, including:

            (i)   Site and individual lot sizes;

            (ii)   Percent building coverage and percent impervious coverage;

            (iii)   Floor area ratio by lot and by site;

            (iv)   Dwelling unit density, if applicable, by lot and by site; and

            (v)   The number of handicapped and non-handicapped parking spaces required and provided.

         (Q)   Preliminary grading, drainage, storm water and erosion control plans that include:

            (i)   Existing contours at a minimum interval of two feet;

            (ii)   Proposed contours at a minimum interval of two feet; and

            (iii)   Permanent storm water management measures.

         (R)   Preliminary utility plans that include:

            (i)   Existing and proposed water lines and facilities;

            (ii)   Existing and proposed storm sewer lines and facilities; and

            (iii)   Existing and proposed sanitary sewer lines and facilities.

         (S)   A certified existing conditions survey by a registered land surveyor;

         (T)   Each plan sheet should include the date of plan preparation, the date of revisions, scale, north arrow and name of project;

         (U)   Any other needed information specified by the Planning Manager; and

         (V)   For city initiated preliminary development plans, the plans may consist only of information deemed necessary to identify and protect the public interest.

(Ord. 2009-34, passed 11-2-2009; Ord. 2015-28, passed 11-2-2015; Ord. 2019-12, passed 1-7-2019; Ord. 2021-26, passed 8-30-2021; Ord. 2022-74, passed 12-19-2022; Ord. 2023-45, passed 12-18-2023)

   (a)   Purpose. The purpose of the final development plan application process is to:

      (1)   Ensure that new development within the Planned Development Overlay District comply with city code requirements or receive necessary approvals for flexibility;

      (2)   Ensure that sufficient information is provided by the applicant to determine the extent of compliance with city code requirements and the public benefit related to proposed city code flexibility; and

      (3)   Ensure that approved development not yet constructed is consistent with city code requirements.

   (b)   Where required. Final development plan approval is required in the Planned Development Overlay Zoning District prior to the issuance of any permit for a new building, building addition, site characteristic or parking lot expansion.

      (1)   New final development plans and major revisions to previously approved final development plans with requested flexibility as specified in § 21.208.03(c) must be reviewed by the Planning Commission and acted upon by the City Council, which has the authority to attach conditions of approval;

      (2)   Major revisions to previously approved final development plans without requested flexibility as specified in § 21.208.03(c) must be reviewed and acted upon by the Planning Commission, which has the authority to attach conditions of approval. The applicant or a member of the public may appeal the decision of the Planning Commission to the City Council by submitting an appeal request with supporting materials within three business days of the decision. The appellant will be given the opportunity to present their case in front of the City Council. If the Planning Commission action results in a tie vote, or if the approval or denial action is not consistent with the staff recommendation, the application is automatically sent to the City Council for final action. If the final development plans application is related to an associated rezoning or Comprehensive Plan amendment application, the City Council must act on the final development plans application; and

      (3)   Minor revisions to previously approved final development plans will be reviewed and acted upon by the Planning Manager, unless the Planning Manager determines the application should be heard by the Planning Commission due to potential environmental or land use impacts. In such cases, the notice and hearing procedures of subsection (c)(2) shall apply. When the Planning Manager does act on an application, they have the authority to attach conditions of approval. In the event that an application for a minor revision to a final development plan is denied by the Planning Manager, the applicant may appeal the decision to the Planning Commission by submitting an appeal request, fee, and any supporting materials within three business days of the decision. The appellant will be given the opportunity to present their case in front of the Planning Commission. Following the Planning Commission decision on an appeal request, the applicant may appeal the Planning Commission decision to the City Council by submitting an appeals request and any supporting materials within three business days of the decision. The appellant will be given the opportunity to present their case in front of the City Council.

      (1)   The proposed increase to the number of dwelling units is four or less;

      (2)   Any proposed increase in the floor area of structures on site does not exceed 25% or a total of 20,000 square feet;

      (3)   All proposed revisions comply with city code requirements;

      (4)   There is no alteration to any condition of approval previously attached by the City Council;

      (5)   There is no alteration to a plan modification previously required by the Planning Commission or City Council; and

      (6)   The proposed new building or building addition to an unplatted property, if applicable, does not exceed 1,000 square feet.

   (e)   Findings. The following findings must be made prior to the approval of new final development plans or revisions to previously approved final development plans:

      (1)   The proposed development is not in conflict with the Comprehensive Plan;

      (2)   The proposed development is not in conflict with any adopted district plan for the area;

      (3)   The proposed development is not in conflict with the approved preliminary development plan for the site;

      (4)   The proposed development is not in conflict with state law and all deviations from city code requirements are in the public interest and within the parameters allowed under the Planned Development Overlay Zoning District or have previously received variance approval;

      (5)   The proposed development is of sufficient size, composition and arrangement that its construction, marketing and operation is feasible as a complete unit without dependence upon any subsequent unit;

      (6)   The proposed development will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the planned development; and

      (7)   The proposed development will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

      (1)   Two years after approval of the final development plan for that phase of development if no building permit (or other applicable permit if no building permit is required) is issued for the phase of development within that timeframe or;

      (2)   Two years after the first temporary or permanent certificate of occupancy is issued for the preceding phase. A land owner may apply to the Director of Community Development for no more than two one-time extensions of up to one year each on each phase. The Director of Community Development may issue an extension upon a finding that the applicant is making a good faith effort to make progress on the final development plans.

      (1)   An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative of the parcel on which development is proposed. For planned developments, the application form must be signed by or otherwise authorized electronically or in writing by property owners or authorized representatives of parcels within the planned development that:

         (A)   Will be physically changed by proposed construction activity, unless the change is allowed under an existing easement or agreement; or

         (B)   Will lose an access point that the parcel uses.

      (2)   The required application fee as set forth in City Code Appendix A.

      (3)   Written documentation that includes:

         (A)   A complete description of the project;

         (B)   To the extent code deviations are requested, a flexibility request that identifies all proposed code deviations, the level of deviation and the reasons why the deviations are in the public interest;

         (C)   Site and building information, including lot sizes, building sizes and floor area ratios by lot and by site;

         (D)   Project phasing and construction scheduling;

         (E)   Hours of operation;

         (F)   A description of the covenants or agreements that may influence the use and maintenance of the proposed development;

         (G)   Anticipated employment;

         (H)   Storm water management plans and calculations that meet the requirements of city code Chapter 16 and the city comprehensive surface water management plan;

         (I)   Anticipated trip generation based on the most recent edition of the ITE Trip Generation Manual; and

         (J)   Anticipated peak hour and average day water demand and wastewater flow.

      (4)   Samples of proposed exterior materials;

      (5)   Plans that meet all requirements for final site and building plan applications (see city code § 21.501.01(f)(5)), except that City Council initiated final development plans may consist only of information deemed necessary to identify and protect the public interest; and

      (6)   Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed development may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include, but are not limited to, traffic, environmental, storm water management, wetland, and utility studies.

      (7)   Any mandatory environmental review. Preparation and review of required documentation for any development project subject to mandatory environmental review as described in Chapter 21, Article V, Division F must be completed prior to any official action being taken by the city to approve the proposed development. Review of a development application may occur concurrent with a mandatory environmental review provided the required environmental review documentation is submitted with the development application.

(Ord. 2009-34, passed 11-2-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2012-2, passed 1-23-2012; Ord. 2013-2, passed 2-25-2013; Ord. 2015-28, passed 11-2-2015; Ord. 2019-12, passed 1-7-2019; Ord. 2021-26, passed 8-30-2021; Ord. 2022-22, passed 5-9-2022; Ord. 2022-53, passed 11-28-2022; Ord. 2022-74, passed 12-19-2022; Ord. 2023-45, passed 12-18-2023; Ord. 2024-24, passed 10-14-2024; Ord. 2025-42, passed 11-17-2025)

   (a)   Purpose. The purpose of the conditional use permit application process is to:

      (1)   Ensure that sufficient information is provided by the applicant;

      (2)   Ensure that conditional uses comply with city code requirements;

      (3)   Ensure that appropriate conditions are attached to enhance compatibility with surrounding uses; and

      (4)   Ensure that conditional use permit applications are processed in a manner consistent with state statutes.

   (b)   Where required. Conditional use permits are required prior to the establishment of any use listed in any zoning district as a conditional use.

   (c)   Initiation. A conditional use permit application must be initiated by the owner of land upon which the conditional use is proposed. If originally denied, an applicant may not submit a subsequent conditional use permit application for the same use on the same site until one year has passed since the original denial.

   (e)   Findings. The following findings must be made prior to the approval of a conditional use permit:

      (1)   The proposed use is not in conflict with the Comprehensive Plan;

      (2)   The proposed use is not in conflict with any adopted district plan for the area;

      (3)   The proposed use is not in conflict with city code provisions or state law;

      (4)   The proposed use will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development; and

      (5)   The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

   (f)   Recording. A certified copy of the resolution approving a conditional use permit must be recorded with the county.

   (g)   Expiration. Conditional use permits expire one year after approval if the proposed use has not commenced or a building permit for a structure to support the conditional use has not been issued. If a building permit has been issued but the use does not commence, the conditional use permit expires one year after issuance of the building permit. A land owner may apply to the Director of Community Development for no more than one time extension of up to one year. Conditional use permits also expire if the conditional use ceases operation for a continuous period of one year or longer. A conditional use permit for a nonconforming use expires upon discontinuance of the nonconforming use as described in city code § 21.504(b).

   (h)   Suspension or revocation. The City Council may suspend or revoke a conditional use permit upon the failure of the permittee, owner, operator, tenant or user to comply with the provisions of this code, the laws of the state or any condition established at the time of approval of the conditional use permit. A suspension or revocation of a conditional use permit must be preceded by written notice to the permittee and a hearing. The notice must provide at least ten days’ notice of the time and place of the hearing and must state the nature of the charges against the permittee. The notice must be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions.

   (i)   General standards. In addition to use specific standards for conditional uses listed elsewhere in the city code, the following general standards also apply to conditional uses.

      (1)   In the R-1, R1-A and RS-1 zoning districts, except for the uses listed below, a conditional use must be located on a site immediately adjacent to a commercial zoning district, an industrial zoning district, the intersection of two streets classified by the Comprehensive Plan as arterial streets or the intersection of a street classified by the Comprehensive Plan as an arterial street and a railroad. Exceptions include:

         (A)   Places of assembly and schools;

         (B)   Licensed residential care facilities serving seven or more persons;

         (C)   Home businesses;

         (D)   Towers; and

         (E)   Private and commercial parks and recreational facilities as a principal use.

   (j)   Content. Conditional use permit applications must include the following information, unless exempted by the Planning Manager:

      (1)   An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative;

      (2)   The required application fee as set forth in City Code Appendix A;

      (3)   Written documentation that includes:

         (A)   A complete description of the use;

         (B)   Schedule for commencement of the use;

         (C)   Size of the facility accommodating the use including the number of seats, students, customers and the like;

         (D)   Hours and dates of operation; and

         (E)   Anticipated employment.

      (4)   Floor plan and/or site plan;

      (5)   If applicable due to site or building modifications, a separate but associated final site and building plan application or final development plan application; and

      (6)   Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include but are not limited to traffic, environmental, storm water management, wetland, utility, and noise.

      (7)   Any mandatory environmental review. Preparation and review of required documentation for any development project subject to mandatory environmental review as described in Chapter 21, Article V, Division F must be completed prior to any official action being taken by the city to approve the proposed development. Review of a development application may occur concurrent with a mandatory environmental review provided the required environmental review documentation is submitted with the development application.

(Ord. 2009-34, passed 11-2-2009; Ord. 2013-2, passed 2-25-2013; Ord. 2013-29, passed 11-18-2013; Ord. 2015-5, passed 1-26-2015; Ord. 2015-27, passed 10-19-2015; Ord. 2015-28, passed 11-2-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2016-16, passed 8-15-2016; Ord. 2016-28, passed 11-21-2016; Ord. 2017-13, passed 5-22-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2021-10, passed 5-24-2021; Ord. 2021-14, passed 6-14-2021; Ord. 2021-26, passed 8-30-2021; Ord. 2022-16, passed 5-9-2022; Ord. 2022-43, passed 9-12-2022; Ord. 2022-74, passed 12-19-2022; Ord. 2023-16, passed 5-22-2023; Ord. 2023-45, passed 12-18-2023; Ord. 2024-21, passed 9-30-2024; Ord. 2024-24, passed 10-14-2024; Ord. 2024-28, passed 11-18-2024; Ord. 2024-39, passed 12-2-2024; Ord. 2025-07, passed 4-28-2025)

   (a)   Purpose. The purpose of the interim use permit application process is to:

      (1)   Ensure that sufficient information is provided by the applicant;

      (2)   Ensure that interim uses comply with city code requirements;

      (3)   Ensure that temporary uses remain temporary in nature;

      (4)   Ensure that appropriate conditions are attached to enhance compatibility with surrounding uses; and

      (5)   Ensure that interim use permit applications are processed in a manner consistent with state statutes.

   (b)   Where required. Interim use permits are required prior to the establishment of any use listed in any zoning district as an interim use.

   (c)   Initiation. An interim use permit application must be initiated by the owner of land upon which the interim use is proposed or by the City Council. If an interim use permit application is denied, an applicant may not submit a subsequent interim use permit application for the same use on the same site until one year has passed since the denial.

   (e)   Findings. The following findings must be made prior to the approval of an interim use permit:

      (1)   The proposed use will not delay permanent development of the site;

      (2)   The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted district plan for the area;

      (3)   The proposed development is not in conflict with state law and the proposed use will not be in conflict with any provisions of the city code on an ongoing basis;

      (4)   The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare;

      (5)   The date or event that will terminate the use has been identified with certainty; and

      (6)   The property on which the use is situated has no open enforcement orders and there are no nuisance characteristics associated with the property or its current use.

   (f)   Expiration and termination.

      (1)   An interim use permit expires and the interim use must terminate at the earlier of:

         (A)   (A)   The expiration date established by the Planning Commission or City Council at the time of approval, but in no event more than five years from the date of approval;

         (B)   The occurrence of any event identified in the interim use permit for the termination of the use; or

         (C)   Upon an amendment of the city code that no longer allows the interim use.

      (2)   Unused interim use permits expire six months after approval if the proposed use has not commenced or a building permit for a structure to support the interim use has not been issued. A land owner may apply to the Director of Community Development for no more than one time extension of up to six months for an unused interim use permit.

      (3)   Interim use permits expire if the interim use ceases operation for a continuous period of one year or longer.

   (g)   Suspension or revocation. The City Council may suspend or revoke an interim use permit upon the failure of the permittee, owner, operator, tenant or user to comply with the provisions of this code, the laws of the state or any condition established at the time of approval of the interim use permit. A suspension or revocation of an interim use permit must be preceded by written notice to the permittee and a hearing. The notice must provide at least ten days’ notice of the time and place of the hearing and must state the nature of the charges against the permittee. The notice must be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions.

   (h)   Standards.

      (1)   Term. The term of an interim use permit must not exceed five years.

      (2)   Re-application. Because of its temporary nature, an interim use permit is not subject to renewal, but upon re-application for a time extension of the same use on the same site beyond the date of expiration of its interim use permit, succeeding interim use permits may be approved for up to five years each if the Planning Commission or City Council makes the findings set forth in subsection (e) above in the affirmative and also finds that all previous conditions of approval have been satisfied and that the use meets all code requirements or has received appropriate variances from those requirements.

   (i)   Content. Interim use permit applications must include the following information, unless exempted by the Planning Manager:

      (1)   An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative;

      (2)   The required application fee as set forth in City Code Appendix A;

      (3)   Written documentation that includes:

         (A)   A complete description of the use;

         (B)   Schedule for commencement of the use;

         (C)   Size of the facility accommodating the use including the number of seats, students, customers and the like;

         (D)   Hours and dates of operation; and

         (E)   Anticipated employment.

      (4)   Floor plan or site plan;

      (5)   If applicable due to site or building modifications, a separate but associated final site and building plan application or final development plan application; and

      (6)   Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include, but are not limited to, traffic, environmental, storm water management, wetland, and utility studies.

      (7)   Any mandatory environmental review. Preparation and review of required documentation for any development project subject to mandatory environmental review as described in Chapter 21, Article V, Division F must be completed prior to any official action being taken by the city to approve the proposed development. Review of a development application may occur concurrent with a mandatory environmental review provided the required environmental review documentation is submitted with the development application.

(Ord. 2009-34, passed 11-2-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2013-29, passed 11-18-2013; Ord. 2015-28, passed 11-2-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2021-26, passed 8-30-2021; Ord. 2022-74, passed 12-19-2022; Ord. 2023-45, passed 12-18-2023; Ord. 2024-24, passed 10-14-2024; Ord. 2024-37, passed 12-2-2024)

   (a)   Purpose. The purpose of the master sign plan application process is to:

      (1)   Provide flexibility in sign standards to facilitate the creation of an iconic, dynamic, and vibrant environment;

      (2)   Provide a high level of review discretion to ensure flexibility requests for large format commercial sign installations represent an aesthetic enhancement over existing sign standards;

      (3)   Balance the addition of large format commercial sign installations with façade enhancements and other aesthetic improvements to create an attractive, high-quality district character;

      (4)   Ensure that the placement, type, operational characteristics and quality of signs positively reflect on the district's character;

      (5)   Ensure the integration of signs with building architecture;

      (6)   Mitigate any possible adverse impacts of large format sign installations on surrounding uses; and

   (b)   Where applicable. The master sign plan process is available only within the South Loop District (area east of TH77) as defined by the Bloomington Comprehensive Plan. Applicants located within the South Loop District seeking significant flexibility from the city sign regulations must use the master sign plan application process.

   (e)   Findings. The following findings must be made prior to the approval of new master sign plans or revisions to previously approved master sign plans:

      (1)   The master sign plan is not in conflict with the Comprehensive Plan.

      (2)   The master sign plan is not in conflict with any adopted District Plan for the area.

      (3)   The master sign plan is not in conflict with the purpose, standards and design principles outlined within § 21.501.06.

      (4)   The master sign plan will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

   (f)   Standards. Master sign plans must meet the following standards:

      (1)   The master sign plan must encompass all signs and building facades on a given site. Within the master sign plan, selected facades may be designated to be governed under the applicable sign district standards rather than the master sign plan. In that event, modifications to the selected facades would be subject to the applicable sign district standards but would not require a revision to the master sign plan.

      (2)   Signs are limited to one or more of the following functions:

         (A)   Tenant identification.

         (B)   On-site advertising.

         (C)   Arts-related.

         (D)   Events.

         (E)   Public service announcement.

         (F)   Other signs as referenced in the respective Sign District regulations.

   (g)   Design principles. Master sign plans must not be in conflict with the following principles:

      (1)   Balance. The proposed installation of on-site advertising signs must be balanced with the installation of tenant identity signs, arts-related signs, façade enhancements and/or other aesthetic improvements in order to create an attractive, high-quality district character.

      (2)   Architectural integration. All sign features, including illumination, support structure, color, lettering, height, and location must be complementary to the architecture and architectural features of the building on which it is located and must appear as a cohesive, planned installation.

      (3)   Character. The placement, type, operational characteristics and quality of the signs must positively reflect on the district's character and avoid standard billboard dimensions.

      (4)   Public safety. Signs must not negatively impact the flow of traffic or cause confusion for motorists and/or pedestrians.

      (5)   Materials. Signs, sign frames and sign mounts must be constructed of high quality, durable materials.

      (6)   Visual impacts. Signs must not negatively impact surrounding land uses.

   (h)   Expiration. Master sign plans expire one year after approval if no sign permits implementing the master sign plan have been issued within that time period. The applicant may apply to the Community Development Director for no more than one time extension of up to one year.

   (i)   Sign permits required. No exterior sign approved under a master sign plan may be installed prior to receiving a sign permit, unless exempted through § 21.304.12. The Issuing Authority may issue sign permits for signs that substantially conform to the master sign plan.

   (j)   Content. Master sign plan applications must include the following information:

      (1)   An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative.

      (2)   The required application fee as set forth in City Code Appendix A.

      (3)   Written narrative describing the proposed master sign plan and how it meets the purpose, standards and principles of § 21.501.06.

      (4)   Scaled site plan of the site showing the location of freestanding signs, existing and proposed buildings, parking areas, public and private streets, and referencing the sheets on which wall signs are depicted for each facade.

      (5)   Scaled building façade elevation drawings depicting:

         (A)   Building elevation heights of various parts of the building(s), including the lowest and highest points.

         (B)   Locations of existing and proposed signage, including sign dimensions, height above ground and horizontal and vertical placement of the sign(s) on the building façade.

         (C)   Proposed signs, including sign shape, materials, size typography, lighting, exposed structure, colors, changeable copy and the functions of each sign.

      (6)   Calculations of total sign area per building façade.

   (k)   Master sign plan development agreement. Approval of a master sign plan or an amendment to a master sign plan requires a master sign plan development agreement. Said development agreement must govern the duration, operation and maintenance of the signage in accordance with the terms of the city code. The master sign plan development agreement must be approved by the City Attorney and recorded prior to the issuance of permits for any of the signs authorized under the master sign plan.

   (l)   Violations. Violations of the master sign plan or the conditions of approval attached to the master sign plan are subject to the following:

      (1)   Orders to Correct. It is the duty of the City Manager or the Manager's designee to determine and declare the existence of a violation of the master sign plan and direct the issuance of an Order to Correct on the owner of the property or the owner's designated agent. This Order to Correct must include the following information:

         (A)   Property location by street address, and property identification number or legal property description.

         (B)   Information identifying the nature of the master sign plan violation.

         (C)   A summary of the property owner's responsibilities under the master sign plan.

         (D)   Specific orders for correction of the violation.

         (E)   A date for completion of the corrective action not less than ten business days following the receipt of the Order to Correct unless a shorter period of time is determined necessary by the City to protect the public health and safety.

         (F)   Notice that unless the violation is corrected in accordance with the terms of the Order to Correct, the City may, in its discretion issue of an administrative citation in the amount as set forth in City Code Appendix A, per violation with recurring fines imposed for each day the violation continues without correction and that fines that are not timely paid will be subject to assessment against the property and collected in the manner of a tax.

         (G)   Notice of the right of appeal as provided in § 1.17 of this city code.

      (2)   Failure to correct. If compliance is not achieved by virtue of the Order to Correct, a city official authorized under city code § 1.06 will issue an administrative citation under the authority of city code § 1.11(44). The citation must state the date, time, and nature of the offense, the name of the official issuing the citation, the amount of the scheduled civil fine, and the manner for paying the fine or appealing the citation by requesting an administrative conference.

      (3)   Payment of civil fine/request for administrative conference. The property owner or the owner's designated agent must either pay the civil fine listed on the citation or request an administrative conference with the City Attorney's office within 25 calendar days after issuance of the administrative citation in the manner set forth in city code § 1.15. If a settlement cannot be reached at the administrative conference, the property owner may either pay the fine or request a hearing before an independent hearing officer to be conducted as set forth in § 1.17 of this city code. Failure to pay the fine or request an administrative conference within 25 days of the date of the citation will be deemed an admission of the charges set forth therein.

      (4)   Late fee/assessment. A late fee of 10% of the civil fine amount will be imposed if the property owner fails to pay the civil fine within 25 calendar days after issuance of the administrative citation or fails to timely request an administrative conference or hearing. If the civil fine is not paid within the time specified, the city may assess the property under § 1.19 of this city code. Nonetheless, nothing in this section shall be construed as limiting the city's other available legal remedies for any violation of law, including the commencement of a civil injunctive action or other civil remedy against the property owner.

   (m)   Revocation. The city may revoke the right to maintain any sign approved under a master sign plan upon finding that the sign is maintained in a manner that is detrimental to the public health, safety or welfare or so as to constitute a nuisance. A revocation of a sign must be preceded by written notice to the permittee and a hearing. The notice must be mailed to the permittee at the most recent address listed within the master sign plan. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions. Where the sign constitutes, in the sole determination of the city, an imminent threat to the public health or safety or an immediate threat of serious property damage, the city may order the immediate abatement thereof notwithstanding this provision. Where there has been summary abatement, any properly filed appeal thereafter will be limited to the issue of cost recovery by the city.

(Ord. 2014-16, passed 11-17-2014; Ord. 2015-17, passed 6-22-2015; Ord. 2019-3, passed 1-7-2019; Ord. 2022-40, passed 8-29-2022; Ord. 2022-74, passed 12-19-2022; Ord. 2023-45, passed 12-18-2023; Ord. 2024-4, passed 2-26-2024; Ord. 2025-06, passed 4-28-2025)

      (1)   Rezonings: applications which are withdrawn prior to action taken by the City Council.

(Ord. 2024-28, passed 11-18-2024)

   (a)   Whenever a given activity within the shore area requires more than one shore area permit pursuant to this section, only a single shore area permit fee is be required to be paid.

   (b)   The fee for a shore area permit must be as set forth in City Code Appendix A, except that a double fee may be required by the city in instances where work or an activity has been initiated without the required permit.

   (c)   The obtaining of a shore area permit for a given activity will not abrogate the need to obtain any other permits required for the activity under the city code or other federal, state or local laws.

   (d)   Applications for a shore area permit must be filed with the Building and Inspection Division of the city and must contain information necessary and relevant to the review and analysis of the application, as determined by the city. Such information may include a scaled plan showing some or all of the following:

      (1)   Existing and proposed contour lines with two-foot intervals and ground elevations;

      (2)   The OHWL;

      (3)   Existing vegetation and proposed removals;

      (4)   Existing and proposed improvements and utilities;

      (5)   Location of wells and private septic systems;

      (6)   Easements;

      (7)   Wetlands;

      (8)   Lot lines;

      (9)   Adjacent streets and right-of-way;

      (10)   Shore area and shore area impact zone; and

      (11)   Other information relevant to the application, as determined by the city.

   (e)   Whenever another development application (e.g. final site and building plans, planned developments) on the same project is required, both the shore area permit and development application may occur concurrently through their respective review process.

(Ord. 2024-28, passed 11-18-2024)

      (1)   Zoning variances may only be approved when:

         (A)   The variance is in harmony with the general purposes and intent of the ordinance;

         (B)   The variance is consistent with the Comprehensive Plan;

         (C)   The applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute practical difficulties;

         (D)   The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;

         (E)   The plight of the landowner is due to circumstances unique to the property not created by the landowner; and

         (F)   The variance if granted will not alter the essential character of the locality.

   (h)   If one or more required findings for the approval of variance applications under subsection (g) is for any reason held invalid, such invalidation will cause § 21.501.10(g) as a whole to be invalid until amended. The Planning Commission and City Council declare that, if one or more variance criteria are found to be invalid, it would have adopted the standard or requirement from which a variance was sought without causing variances to become easier to obtain.

      (1)   An application form and the signed consent of the property owner(s) or authorized representative.

      (2)   The required application fee as set forth in City Code Appendix A.

      (3)   Written documentation that includes:

         (A)   A complete project description;

         (B)   Specific provisions of the Zoning Code involved and the variance request details; and

         (C)   Why and how the request meets each of the variance findings in subsection (g) above.

      (4)   Scaled floor plan, site plan, and building elevations (where applicable).

      (5)   Certified survey showing the existing conditions on the property (if setback related).

      (1)   Unless otherwise specified by the City Council at the time it is authorized, a variance will expire if the variance or conditional use permit is not utilized through obtaining a building permit or otherwise, one year from the date of its authorization.

      (2)   In the event that building plans or site plans are required to be approved by the Planning Commission or City Council before a building permit can be issued, such approval will have the effect of extending the term of the variance for a period of one year beyond the date of approval of such building or site plans.

      (3)   In the event that a change in use or a change in the application of the variance to the use or property occurs as a result of action by the occupant or owner or the application of the variance ceases for a continuous period of one year, the variance is considered expired and any subsequent use of the premises must be in conformance with the use regulations for the zoning district in which the property is located.

      (4)   A variance granted for a nonconformity expires when the nonconformity is discontinued as described in the definition in § 21.504(b).

(Ord. 2024-28, passed 11-18-2024)

   (a)   Intent. The purpose of a Neighborhood Unit Development is to promote creative and efficient subdivision of land into reasonably buildable lots for single-unit detached residential development by allowing flexibility in the application of the dimensional requirements of the primary district to the Neighborhood Unit Development. It is intended that the minimum setbacks of the primary zoning district shall apply at the perimeter of the Neighborhood Unit Development so that the Neighborhood Unit Development is in character with adjacent, similarly-zoned land, and that the flexibility in application of the provisions of the primary zoning district be limited to dimensional requirements related to property lines and buildings internal to the Neighborhood Unit Development. Furthermore, these provisions are intended to:

      (1)   Protect natural features in private or public open space;

      (2)   Improve the efficiency of public streets and utilities;

      (3)   Provide transitions in land use in keeping with the character of adjacent land use; and/or

      (4)   Improve the arrangement of structures, facilities and amenities on a site for both private and public benefit.

   (b)   Uses.

      (1)   Only detached single-unit dwellings and accessory uses allowed in the primary zoning district are allowed in the Neighborhood Unit Development subject to the provisions of the primary zoning district.

      (2)   Other conditional uses allowed in the primary zoning district may be approved only to the extent that they are clearly subordinate to the primary use of the property for single-family residential uses, and only upon approval of a conditional use permit for the intended use granted in accordance with the requirements of this code.

   (c)   Applicability.

      (1)   New Neighborhood Unit Developments are not permitted after January 26, 2015.

      (2)   Existing Neighborhood Unit Developments may be amended in accordance with § 21.501.13(d).

   (d)   Procedures.

      (1)   Review and approval.

         (A)   Major changes to the approved final site plan require approval of the City Council after review by the Planning Commission. Major changes are defined as a change that involves any of the following:

            (i)   Increase in the number of lots or detached dwelling units;

            (ii)   Alteration of any condition of approval attached by the City Council;

            (iii)   Increase in impervious surface above that specified by the Council at the time of approval of the final site plan, or above the maximum established by ordinance; or

            (iv)   Alteration of the buildable area in a manner that exceeds the restrictions of the primary zoning district.

         (B)   Minor changes to the approved final site plan may be approved by the Issuing Authority. Minor changes are defined as any change that:

            (i)   Is not defined as a major change;

            (ii)   Is not specifically addressed by a condition of approval imposed on the development by the City Council;

            (iii)   Involves minor changes in location of lot lines, easements, buildings, fences, retaining walls required for maintenance of grades, driveways or similar features;

            (iv)   Involves changes in elevations of building sites or buildings;

            (v)   Does not affect any public utility or flow of surface water to or on properties adjacent to the Neighborhood Unit Development; or

            (vi)   Alters the buildable area in a manner that does not exceed the restrictions of the primary zoning district.

         (C)   Other changes may be implemented at the sole discretion of the applicant, developer or subsequent property owners, provided that they:

            (i)   Are not defined as major or minor changes;

            (ii)   Do not violate the provisions of the primary zoning district; or

            (iii)   Are not separately governed by other provisions of this Code.

      (2)   Application content. Applications for an amendment to a Neighborhood Unit Development must consist of an application for a conditional use permit and revised final site plan for a Neighborhood Unit Development. If the amendment requires platting, a concurrent application for a preliminary plat in accordance with the requirements of Chapter 22 of this code is required. The preliminary plat, together with the documents required by this Section, constitute the final site plan. The final site plan approved by the City Council will be the document controlling those aspects of site development regulated by this section.

            (i)   A location map which indicates existing and future land uses.

            (ii)   Drawings and plans for existing and proposed site features and uses at a scale specified by the Issuing Authority which indicates topography in two-foot contours; existing building outlines; proposed building envelopes; location of significant vegetation; location of streets, drives and parking areas; and other significant features.

            (iii)   A survey showing the location of all structures, accessory buildings, driveways, parking areas, swimming pools and similar features on all abutting properties.

            (iv)   A drainage, grading, utility, and erosion and sedimentation control plan. Such plans shall comply with the requirements of this code, including the provisions of Chapters 16 and 22.

            (v)   Identification of all wetlands on the site, using the 1989 Federal Manual For Identifying and Delineating Jurisdictional Wetlands, copies of documents completed in making the wetlands identification, qualifications of the person performing the identification, a description of any wetlands which are to be burned, filled, or drained pursuant to the development, and a wetland mitigation and replacement plan if burning, filling, or draining of wetlands is to occur. Such plan shall be submitted and implemented in accordance with the provisions of Chapters 16 and 22 of the city code. The requirement of such documentation may be waived in instances where it is determined from aerial photographs, the national Wetlands Inventory, on-site observation, or other pertinent information that the site contains no wetlands.

            (vi)   Calculation of area, average slope, impervious surface of existing development for each proposed lot, and maximum impervious surface allowed by ordinance on each proposed lot;

            (vii)   A written report that:

               (a)   Completely describes the proposal;

               (b)   Analyzes the site conditions and development objectives which has resulted in the proposal;

               (c)   States which zoning ordinance provisions are being modified by the Neighborhood Unit Development and specifies the locations of those modifications on the final site plan; and

               (d)   Indicates covenants or agreements which will influence the design of buildings, use and maintenance of the proposed development.

            (viii)   Any other information deemed necessary by the Issuing Authority in order to evaluate the proposed development.

         (B)   Final plat. Subdivision of lots for an approved Neighborhood Unit Development must be accomplished by approval by the City Council of a final plat and a subdivision agreement in accordance with Chapter 22 of this code.

   (e)   Special requirements.

      (1)   Design requirements.

            (i)   All lots created in a Neighborhood Unit Development must have a minimum of 15 feet of frontage on a public street measured at the street right-of-way line. This width must be increased if necessary to provide adequate driveway width and separation between utility services to existing and proposed lots.

            (ii)   No portion of the lot connecting the buildable area with the public street providing access to that lot may be less than 15 feet in width. This width must be increased if necessary to provide adequate driveway width and separation between utility services to existing and proposed lots.

            (iii)   The area of any single-unit lot in the development may not be less than 75% of the minimum lot area of the primary zoning district.

            (iv)   The minimum setback to property line on the perimeter of the Neighborhood Unit Development may not be less than the minimum required for the primary zoning district.

            (v)   No private, commonly-owned open space on separate lots or parcels is permitted within a Neighborhood Unit Development.

            (vi)   The minimum width of the buildable area of the principal structure designated for any proposed lot may not be less than 60% of the minimum lot width required in the primary zoning district.

            (vii)   All revisions must be based on recent surveys of the subject properties and surrounding parcels.

(Ord. 2015-5, passed 1-26-2015; Ord. 2015-28, passed 11-2-2015; Ord. 2017-9, passed 5-1-2017; Ord. 2024-24, passed 10-14-2024)

   (a)   Purpose. This section outlines various application processes.

   (b)   Table key. The following labeling conventions apply to the table in this section.

      (1)   DRC means Development Review Committee. The issuing authority may waive DRC review, but also may require DRC review for building and other permits under Chapter 15 of the city code.

      (2)   ST means staff.

      (3)   Reserved.

      (4)   PC means Planning Commission.

      (5)   CC means City Council.

      (6)   N means that a public notice is required to be published in the official newspaper.

      (7)   R means review is required by the noted group.

      (8)   PH means that a public hearing is required by the noted group.

      (9)   DM means that the noted group has final decision making authority.

      (10)   Any number listed in the Mail column represents the number of feet out from the applicant’s site to which direct mail notice is required to be sent for that particular application.

      (11)   Reserved.

      (12)   Any * under the Notice Mail column indicates the notice boundary as part of a change in condition application shall adhere to the notice boundary of the application type to which the original condition was attached.

 

      (3)   Temporary sign combined application and permit fees.

         (A)   Temporary signs require one combined application and permit fee as set forth in City Code Appendix A per occasion per site due at the time of application, and prior to installation. Alternatively, if an application lists the same temporary signage for succeeding occasions occurring within one year for the same site, a one time permit with fee as set forth in City Code Appendix A applies.

         (B)   Exemptions: temporary signs exempted from permit requirements and fees are detailed in § 21.304.13(b).

   (e)   Notices.

          The failure of an applicant to pay any outstanding fees should be considered by the Planning Commission or City Council in its decision on whether to approve, deny or continue an item.

   (h)   Escrow for special studies and mandatory environmental review.

      (1)   Where special studies are needed by the city to conduct a land use application review or prepare a mandated environmental assessment, an escrow agreement between the applicant and the city requiring a cash escrow deposit to cover costs for the special studies, must be executed. The executed escrow agreement and cash escrow deposit to cover costs must be supplied by the applicant prior to the submission of the land use application to the city. Special studies may include traffic, environmental, wetland, utility or other studies undertaken by the city itself or by outside consultant services, under the direction of the city, and paid for by the applicant.

      (2)   The requirement for an applicant to pay costs to the city for special studies for the review of a development application would be determined by the city, after the city has prepared a special studies impact determination.

      (3)   If after commencement of special studies, it is determined additional funds are needed to complete the special studies, funds must be supplied by the applicant into the escrow account prior to submission of the application to the city.

      (4)   Unexpended escrow funds will be returned to the applicant after final City Council action.

   (i)   Amended applications.

      (1)   Once a land use application has been submitted to the city, no amendments are permitted until final disposition of the application has been determined. If an applicant submits an amended application, it constitutes a withdrawal of any prior pending application on the same matter, and will be deemed a new application, pursuant to M.S. § 15.99, as it may be amended from time to time. A new application fee must be submitted with the amended request, equal to 50% of the original application fee. Each amended application request constitutes a separate application.

      (2)   The issuing authority may accept minor application revisions that do not materially alter the application. If the issuing authority accepts the minor application revisions, no additional fee will be required, and the application review will continue pursuant to M.S. § 15.99, as it may be amended from time to time.

      (3)   With an amended application, the issuing authority will make a determination whether any public meetings or hearing previously scheduled on the matter will be rescheduled.

(Ord. 2009-34, passed 11-2-2009; Ord. 2009-42, passed 12-7-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2012-2, passed 1-23-2012; Ord. 2012-9, passed 3-19-2012; Ord. 2013-13, passed 5-20-2013; Ord. 2013-29, passed 11-18-2013; Ord. 2014-7, passed 3-17-2014; Ord. 2014-16, passed 11-17-2014; Ord. 2015-15, passed 5-18-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2016-21, passed 10-3-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2018-7, passed 3-19-2018; Ord. 2019-3, passed 1-7-2019; Ord. 2019-23, passed 4-1-2019; Ord. 2020-52, passed 12-21-2020; Ord. 2021-26, passed 8-30-2021; Ord. 2022-40, passed 8-29-2022; Ord. 2022-74, passed 12-19-2022; Ord. 2022-75, passed 12-19-2022; Ord. 2023-22, passed 8-28-2023; Ord. 2023-40, passed 12-18-2023; Ord. 2024-4, passed 2-26-2024; Ord. 2024-24, passed 10-14-2024; Ord. 2024-28, passed 11-18-2024; Ord. 2024-40, passed 12-2-2024; Ord. 2025-06, passed 4-28-2025; Ord. 2025-40, passed 11-17-2025; Ord. 2025-51, passed 11-17-2025)

   (a)   Purpose and intent. It is the purpose and intent of this section to:

      (1)   Allow nonconforming structures, uses, site characteristics and lots to continue to exist and be put to reasonable and productive use;

      (2)   Encourage such nonconformities to be brought into compliance when reasonable to do so;

      (3)   Establish the requirements under which nonconformities may be operated and maintained;

      (4)   Diminish the impacts of nonconformities on adjacent properties by limiting the expansion of nonconformities;

      (5)   Clarify the level of site modifications that may occur before nonconformities are required to be brought into compliance with current standards; and

      (6)   Comply with M.S. § 462.357, subd. 1e, as it may be amended from time to time.

   (b)   Definitions. The following terms and accompanying definitions are used in the context of nonconformities. Where the terms are used elsewhere in the code outside of the context of nonconformities, their meaning may have an alternate definition as otherwise defined in their respective section of the code.

      DESTROYED STRUCTURES. For the purposes of nonconformities, a structure is destroyed if its total assessed market value (including structures and land) is diminished by greater than 50% as determined by the most recent valuation of the City Assessor.

      DISCONTINUED. For the purposes of nonconformities, the cessation of a use, or removal of a structure or site characteristic for a continuous period of more than one year.

      EXPANSION OF A NONCONFORMITY. Includes:

         (A)   For nonconforming uses, an increase in the site or floor area devoted to the use; an increase in the site area devoted to parking, open storage or outdoor display; an increase in the number of dwelling units or hotel rooms; or a relocation of the use to a structure or portion of the site not previously occupied by the use.

         (B)   For nonconforming lots, a change to the lot size, lot width or other lot feature that would increase the level of lot nonconformity.

         (C)   For nonconforming structures, a change to the structure dimension, size, area, volume, height, floor area or other structure feature that would increase the level of structure nonconformity.

         (D)   For nonconforming site characteristics, a change to site characteristics including size, height, area, opacity, coverage or other feature that would increase the level of site characteristic nonconformity.

      IMPROVEMENT. Where a nonconforming use is made more compatible with the use of adjacent properties, efficient, and/or more aesthetically pleasing. For the purposes of nonconformities, an IMPROVEMENT does not include an expansion.

      LEGALLY CONFORMING. The status of any land use, structure, physical form of land development, parcel or sign that complies with the current city code and received any required approvals.

      MAINTENANCE. Normal repair, restoration and improvement including cosmetic changes. For the purposes of nonconformities, MAINTENANCE does not include new construction or expansion of a use or structure.

      NONCONFORMING LOT. A lot lawfully established prior to the effective date of the city code, or subsequent amendments to it, which fails to meet requirements for lot area, and/or width, depth, lot frontage or other requirement of the existing city code.

      NONCONFORMING SITE. A site lawfully established prior to the effective date of the city code, or subsequent amendments to it, which fails to meet requirements of the existing city code.

      NONCONFORMING SITE CHARACTERISTICS. A site characteristic lawfully established prior to the effective date of the code, or subsequent amendments to it, which fails to meet requirements of the existing city code. For the purposes of nonconformities, SITE CHARACTERISTICS are physical improvements to the site beyond structures, and may include, but are not limited to: impervious surface coverage, storm water facilities, parking and parking lots, driveway surfaces, screening, fences, landscaping, sidewalks, patios, human-made water features such as ponds or swimming pools and similar features.

      NONCONFORMING STRUCTURE. A structure that was legally conforming at the time it was constructed but which does not comply with the current city code.

      NONCONFORMING USE. A use that was legally conforming at the time it was established but which does not comply with the current city code.

      NONCONFORMITY. Any use, structure, site characteristic or parcel of land which existed lawfully at the effective date of a zoning ordinance or subdivision ordinance, has been continued since that time but which would not have been permitted to become established under the terms of the city code as now written.

      NONCONFORMITY, LEGAL. A nonconformity that was legally conforming at the time it was established and received all required approvals.

      NONCONFORMITY, ILLEGAL. A nonconformity that was not legal at the time it was established or did not receive all required approvals.

      OPERATIONAL CHARACTERISTICS. Include, but are not limited to, hours of operation, where a vehicle may park, electronic sign operating characteristics, use of outdoor loud speakers, auto dealer test drive routes, unloading of auto dealer vehicles, noise, traffic generation, exterior storage, odors, lighting operation and similar operational activities.

      REPAIR. For the purposes of nonconformities, REPAIR means to restore to good condition by replacing or reassembling broken, worn out or malfunctioning components. REPAIR does not include expansion.

      REPLACEMENT. Construction that provides a substitute substantially equivalent to the pre-existing conditions that preceded damage or destruction.

      RESTORATION. For the purposes of nonconformities, RESTORATION means to restore or repair to good condition by replacing or reassembling broken, worn out or malfunctioning components. RESTORATION does not include expansion.

   (c)   Standards.

      (1)   Rights. Pursuant to M.S. § 462.357, subd. 1e, as it may be amended from time to time, any nonconformity, including the lawful use or occupation of land or premises existing at the time a city code amendment created the nonconformity, may be continued with any necessary approvals, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless authorized by this section.

      (2)   Expansion prohibited. Nonconformities may not be expanded, unless expressly permitted as discussed below.

         (A)   Nonconforming uses may expand upon issuance of a conditional use permit only when such expansion is expressly listed as a conditional use within the applicable zoning district.

         (B)   Nonconforming lots may expand only upon approval of a variance or planned development zoning that allows the proposed level of nonconformity.

         (C)   Nonconforming structures may expand only upon approval of a variance or planned development zoning that allows the proposed level of nonconformity, except as provided in § 21.208.02(e)(1)(A)(i)(cc).

         (D)   Nonconforming site characteristics may expand only upon approval of a variance or planned development zoning that allows the proposed level of nonconformity.

      (3)   Termination of rights.

         (A)   A legal nonconforming use must not resume where:

            (i)   The use is discontinued for a period of more than one year; or

            (ii)   The use is destroyed by fire or other peril to the extent of greater than 50% of its market value and no building permit has been applied for within 180 days of when the property is damaged. The assessed market value (including buildings and land) must be determined by the most recent valuation of the City Assessor.

         (B)   Where any right to continue the nonconformity is terminated, any future use of land must comply fully with the city code.

         (C)   Where nonconforming uses are removed or otherwise discontinued, requirements providing for expiration of variances, interim use permits and conditional use permits are set forth in §§ 21.501.04(g), 21.501.05(f), 21.501.10(n).

      (4)   Conformance triggers. Nonconformities must be brought into conformance upon the following events.

         (A)   Nonconforming uses. Nonconforming uses must be brought into conformance with current requirements of the city code upon:

            (i)   Change of the use;

            (ii)   Discontinuance of the use; or

            (iii)   Destruction of the use, provided no building permit is applied for within 180 days of the date of destruction. The city may impose reasonable conditions on the building permit to mitigate newly created impacts on adjacent properties.

         (B)   Nonconforming lots. Nonconforming lots must be brought into conformance with current lot requirements of the city code upon:

            (i)   Subdivision or replatting of the lot.

         (C)   Nonconforming structures. Nonconforming structures must be brought into conformance with current structure requirements of the city code upon:

            (i)   Destruction or removal of the structure; or

            (ii)   Relocating the structure.

         (D)   Nonconforming site characteristics. Nonconforming site characteristics must be brought into conformance with current site characteristic requirements of the city code upon:

            (i)   Redevelopment of the site or expansion of total floor area on the site by 25% or greater, measured cumulatively for floor area expansions on or after January 24, 2008;

            (ii)   Destruction or removal of the site characteristic;

            (iii)   Issuance of a permit for a related site characteristic, if conformance is stipulated as a condition of permit approval;

            (iv)   Change of use of the site (only for use generated requirements, including, but not limited to, the number of parking spaces and trash storage requirements);

            (v)   Other events listed as specific triggers in the various city code sections on site characteristic standards; or

            (vi)   A determination by the issuing authority that the site characteristic must be brought into conformance to protect the public health, safety and welfare.

         (E)   Operational characteristics. Operational characteristics must be brought into conformance immediately upon a change in city code unless otherwise specified in the city code.

      (5)   Nonconforming signs. Nonconforming signs are regulated as specified in § 21.304.23.

      (6)   Unsafe situations. Nothing in this section should be construed to permit the continued use of a structure or site found to be in violation of building, basic life safety or health codes of the city.

(Ord. 2008-1, passed 1-14-2008; Ord. 2008-13, passed 4-21-2008; Ord. 2009-1, passed 1-26-2009; Ord. 2011-6, passed 2-28-2011; Ord. 2015-3, passed 1-26-2015; Ord. 2020-19, passed 6-1-2020; Ord. 2024-2, passed 2-12-2024; Ord. 2024-4, passed 2-26-2024; Ord. 2024-28, passed 11-18-2024)

   (b)   Reserved.

(Ord. 2014-4, passed 2-3-2014; Ord. 2015-6, passed 1-26-2015; Ord. 2015-15, passed 5-18-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2020-24, passed 6-22-2020; Ord. 2021-10, passed 5-24-2021; Ord. 2024-22, passed 9-30-2024; Ord. 2025-19, passed 9-29-2025)

      (1)   Mandatory environmental reviews are required and discretionary environmental reviews are allowed by Minnesota Rules Chapter 4410 for proposed projects deemed to pose adverse environmental impacts due to their size or characteristics.

      (2)   Environmental review is not meant to approve or deny a project, but acts as a source of information to guide other city approvals and permitting decisions.

      (1)   M.S. Chapter 116D, Environmental Policy and Minnesota Rules Chapter 4410 are hereby adopted, together with the provisions of this division, as the environmental review procedures that the City of Bloomington will follow in implementing the Environmental Review Program and any rules adopted thereunder by the Minnesota Environmental Quality board.

(Ord. 2021-26, passed 8-30-2021)

   (a)   The Director of Community Development or designee will review proposed development projects to determine if an Environmental Assessment Worksheet (EAW), Environmental Impact Statement (EIS), or an update to an existing Alternative Urban Areawide Review (AUAR) is required pursuant to Minnesota Rules Chapter 4410.

   (b)   The city may order preparation of a discretionary EAW for a proposed development project that does not meet the mandatory thresholds for an EAW or EIS review, if it determines that due to its nature or location the project may have the potential for significant environmental effects, provided the project is not exempted pursuant to Minnesota Rules, part 4410.4600. Such an order must be formalized in a resolution approved by the City Council, including findings that clearly describe the potential environmental effects.

   (c)   If an EAW, EIS, or an AUAR update is required or ordered for a proposed development project, the city may not take official action to approve the project, grant a permit, or begin the project until environmental review, as required herein, is completed. The city may commence review of the project concurrent with preparation and review of required environmental documentation.

   (d)   In accordance with M.S. § 15.99 subd. 3(d), agency action time limits are extended to 60 days after completion of the last process required pursuant to Minnesota Rules Chapter 4410.

   (e)   The Community Development Director will determine whether the necessary environmental documentation is complete prior to publishing notice in the EQB Monitor and distributing the draft for review and comment.

(Ord. 2021-26, passed 8-30-2021)

   (a)   Preparation of an EAW is mandatory for those projects that meet or exceed the EAW thresholds contained in Minnesota Rules 4410.4300 or the EIS thresholds in Minnesota Rules 4410.4400, as may be amended.

   (b)   A discretionary EAW may be required when it is determined that, because of the nature or location of a proposed project, the project may have the potential for significant environmental effects. The City Council may require the preparation of a discretionary EAW if it is suspected that a development project may have the potential for significant environmental impact.

   (c)   If the Community Development Director determines that an EAW must be prepared, it is at the city's sole discretion to determine the EAW preparation process. The city may choose to prepare the EAW; select a consultant to perform the work; or may allow the applicant to prepare the EAW. The city must review and approve any consultant selected by the applicant. The city may return an incomplete EAW submittal to the applicant, edit the EAW as necessary or request additional information from the applicant until the city accepts the EAW submittal as complete in writing.

   (d)   All EAWs must be prepared under the direction of the Community Development Director and must be reviewed and acted upon by the City Council via resolution.

   (e)   In addition to the application fee as set forth in City Code Appendix A, the applicant is responsible for all fees associated with the preparation of the EAW including legal and consultant's fees. If the city is preparing the EAW or has selected a consultant to prepare the EAW on the city's behalf, the applicant must agree in writing to provide an escrow to pay for the environmental review in accordance with the requirements of § 21.502.01(h).

   (f)   The City Council must require an EIS when it finds that a project has the potential for significant environmental effects under Minnesota Rules 4410.1700.

   (g)   When reviewing an EAW, the Community Development Director may suggest design alterations and/or mitigation measures that would lessen the environmental effects of the proposed project. The City Council may require that these design alterations and/or mitigation measures, whenever feasible and consistent with other laws, be incorporated as conditions of approval or request these changes to be incorporated into the site plan to lessen the environmental effects of the proposed project.

(Ord. 2021-26, passed 8-30-2021; Ord. 2022-74, passed 12-19-2022)

   (a)   EIS documents must be required, prepared, reviewed, financed and determined adequate in accordance with Minnesota Rules 4410.

   (c)   If the Community Development Director or City Council determines that an EIS must be prepared, it is at the city's sole discretion to determine the EIS preparation process. The city may choose to prepare the EIS; select a consultant to perform the work; or may allow the applicant to prepare the EIS. The city must review and approve any consultant selected by the applicant. The city may return an incomplete EIS submittal to the applicant, edit the EIS as necessary or request additional information from the applicant until the city accepts the EIS submittal as complete in writing.

   (d)   All EISs must be prepared under the direction of the Community Development Director and must be reviewed and acted upon by the City Council via resolution.

   (e)   In addition to the application fee as set forth in City Code Appendix A, the applicant is responsible for all fees associated with the preparation of the EIS including legal and consultant's fees. If the city is preparing the EIS or has selected a consultant to prepare the EIS on the city's behalf, the applicant must agree in writing to provide an escrow to pay for the environmental review in accordance with the requirements of § 21.502.01(h).

   (f)   When reviewing an EIS, the Community Development Director may suggest design alterations and/or mitigation measures that would lessen the environmental effects of the proposed project. The City Council may require that these design alterations and/or mitigation measures, whenever feasible and consistent with other laws, be incorporated as conditions of approval or request these changes to be incorporated into the site plan to lessen the environmental effects of the proposed project.

(Ord. 2021-26, passed 8-30-2021; Ord. 2022-74, passed 12-19-2022)

   (a)   An AUAR may be used as an alternative review document to review the anticipated cumulative environmental effects of residential, commercial, and industrial development and associated infrastructure in a particular area following the guidelines in Minnesota Rules 4410.3610.

   (c)   The city is responsible for preparing an AUAR and/or subsequent updates and/or selecting the consultant(s) to prepare needed technical studies and related work. All AUARs must be prepared and reviewed under the direction of the Community Development Director according to the procedures and requirements of Minnesota Rules 4410.3610.

   (d)   The final AUAR or subsequent updates must be adopted in accordance with Minnesota Rules 4410.3610. The City Council will make a determination of the AUAR adequacy via resolution and submit evidence of adoption of the AUAR and mitigation plan to the EQB staff and all agencies that requested notification.

   (e)   The mitigation plan, developed as part of the AUAR, must be adopted through (e) above. If any projects and associated infrastructure within the defined geographic area of the AUAR exceed the impacts assumed in the AUAR or do not comply with the plan for mitigation, the environmental review document and mitigation plan must be updated to be consistent with the project.

   (f)   Upon adoption of the AUAR and mitigation plan, residential, commercial, warehouse, and light industrial projects and associated infrastructure located within the study area that are consistent with the assumptions in the AUAR and comply with the mitigation plan are exempt from review under Minnesota Rules parts 4410.1100, 4410.1200 through 4410.1700, and 4410.2100 through 4410.2800.

      (1)   A comprehensive plan amendment is proposed that would allow an increase in development over the levels assumed in the AUAR.

      (2)   Total development within the area would exceed the maximum levels assumed in the AUAR.

      (3)   Development within any subarea delineated in the AUAR would exceed the maximum levels assumed for that subarea.

      (4)   A substantial change is proposed in public facilities intended to service development in the area that may result in increased adverse impacts on the environment.

      (5)   Development or construction of public facilities will occur on a schedule other than that assumed in the AUAR and Mitigation Plan so as to substantially increase the likelihood or magnitude of potential adverse environmental impacts or to substantially postpone the implementation of identified mitigation measures.

      (6)   New information demonstrates that important assumptions or background conditions used in the analysis presented in the environmental analysis document are substantially in error and that environmental impacts have consequently been substantially underestimated.

      (7)   The city determines that other substantial changes have occurred that may affect the potential for, or magnitude of, adverse environmental impacts.

         (A)   AUAR updates may involve completion of various technical studies to identify and mitigate the impacts of forecast development. Technical studies may be prepared in conjunction with an AUAR update or during the interim period between required updates. Technical studies and other work may include assessments of traffic, utilities, environmental hazards, natural and cultural resources, air quality, noise, or other studies undertaken by the city itself or by outside consultant services under direction of the city.

         (B)   In order to defray costs incurred by the city in the preparation and review of an AUAR, AUAR Update, or South Loop technical study, a fee will be collected with any building permit for development proposals located within the boundaries of an AUAR study area where the proposed project adds at least 5,000 square feet of new floor area.

         (C)   The amount of the fee is 65% of the building permit fee for the project calculated in accordance with § 15.183 of this code.

         (D)   Fees will be placed in a Special Revenue Fund to be used for such technical studies and related work.

(Ord. 2021-26, passed 8-30-2021)

      (1)   A petition for an EAW is dismissed;

      (2)   A negative declaration on the need for an EIS is issued;

      (3)   An EIS is determined adequate; or

      (4)   A variance is granted by the EQB in accordance with (c) below; or

      (5)   Emergency action is needed in accordance with (d) below.

For purposes of this article, official actions may include decisions related to preliminary and final plats, conditional use permits, preliminary or final development plans, final site and building plans, project related zoning amendments, fabrication of structures, granting of financial subsidies, and other similar development related activities. It does not include land surveying or mapping.

(Ord. 2021-26, passed 8-30-2021)

      (1)   Conditions of approval attached to any decision of the City Council, Planning Commission, or issuing authority concerning the use of land or buildings or the development or alteration of any site or building will be binding on all owners, proprietors, tenants, occupants, inhabitants or residents, whether the original applicant or subsequent users of the property.

      (2)   The issuing authority may institute any appropriate action, including available civil legal remedies, to ensure compliance with the conditions of approval.

(Ord. 2024-28, passed 11-18-2024)

   In the event that the provisions of this Article V are inconsistent with one another or if the provisions of this Article V conflict with provisions found in other adopted regulations of the city, the more restrictive provision will control. When the provisions of this Article V impose a greater restriction than imposed by any easement, covenant, deed restriction or private agreement, the provisions of this Article V control.

(Ord. 2009-1, passed 1-26-2009; Ord. 2021-26, passed 8-30-2021)

   If any division, section, subsection, sentence, clause or phrase of this Article V is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this Article V. The City Council hereby declares that it would have adopted the ordinance in each division, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more divisions, sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. 2009-1, passed 1-26-2009; Ord. 2021-26, passed 8-30-2021)

      (1)   Whether there is a qualifying disability;

      (2)   Whether the request is needed to allow a person with a disability equal opportunity to use and enjoy a dwelling or live in a particular neighborhood, in the same manner as a person without disabilities;

      (3)   Whether the request is reasonable, considering such things as undue financial impact or unreasonable administrative burden on city resources, the potential impact on surrounding uses, the extent to which the accommodation meets the stated need, and other alternatives that may meet that need;

      (4)   Whether the request would constitute a fundamental alteration of the city's regulations, policies, or procedures; and

      (5)   Any other factor that may have a bearing on the request.

      (1)   An approved request is granted only to an individual and, if related to land use, zoning, or real property, does not run with the land. If the request relates to land use, zoning or use of real property, the Planning Manager has the discretion to determine the accommodation runs with the land when:

         (A)   The accommodation is physically integrated into the residential structure and cannot easily be removed or altered; or

         (B)   The accommodation is to be used by another individual with a disability.

      (2)   In these instances, the Planning Manager may require that the applicant record a covenant agreeing to comply with conditions established in the determination before the issuance of any permits related to an approved reasonable accommodation.

(Ord. 2024-24, passed 10-14-2024)